Judge Not, and You Will Not be Judged: on the agreements not to litigate in international and national tribunals

JOURNAL OF INTERNATIONAL DISPUTE SETTLEMENT. 2026. Vol. 17. No. 3. P. 1–22.

Galperin M.

The article aims to clarify the legal effect of contractual commitments not to litigate existing or potential disputes. Across a range of contexts—commercial, tort, employment, and others—agreements frequently contain clauses that expressly preclude parties from pursuing judicial remedies against one another. In various legal systems, such clauses are known as waivers, releases, or covenants not to sue. Similar arrangements also play an indispensable role in interstate conflict settlement. However, uncertainty persists as to whether these clauses should compel a tribunal to dismiss an application filed in breach of them, especially where public interest is at stake. The article advances the claim that commitments not to litigate serve a legitimate aim and, as a general rule rather than an exception, should be recognized by national and international tribunals, including the European Court of Human Rights, as a valid limitation on the right of access to a court.

Keywords: access to court, право на доступ к суду